HomeMy WebLinkAbout16130 ORD - 03/18/1981JD:jkh:3-18-81;lst
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AN ORDINANCE
AMENDING EXHIBIT 1 OF ORDINANCE NO. 16042 PASSED AND
APPROVED BY THE CITY COUNCIL ON FEBRUARY 18, 1981,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL
DISTRICT AGREEMENT WITH SOUTHWESTERN REFINING COMPANY, INC.,
FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981,
CLARIFYING CITY'S OBLIGATION TO CONTINUE SERVICES IN AN
INDUSTRIAL DISTRICT; ELIMINATING QUALIFICATIONS FOR CON-
SIDERING NEW IMPROVEMENTS AT LESS THAN 50% OF MARKET
VALUE; PROVIDING FOR FUTURE ANNEXATION CORRIDORS; ELIMI-
NATING THE EXPIRATION DATE OF AN INDUSTRIAL DISTRICT AGREE-
MENT AS A CRITERION FOR DETERMINING WHEN AN AGREEMENT
CAN BE TERMINATED OR AMENDED TO CONTAIN MORE FAVORABLE
IN LIEU OF TAX PAYMENT TERMS WHICH HAVE BEEN GRANTED TO
A SIMILAR INDUSTRY; REFERRING TO ORDINANCE NO. 15949
DESIGNATING AREAS AS CORPUS CHRISTI INDUSTRIAL DEVELOP-
MENT AREAS NO. 1 AND 2; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. -That the sentence comprising the second paragraph of
Article I of Exhibit 1 of Ordinance No. 16042 be amended to hereafter read
as follows: -
"During the term hereof City shall have no obligation to
extend to r said land any City services except fire protection
in the event Company makes additional payments to City under
Article III(d) hereof, and such other City services as are
being provided to and paid for by Company on the date hereof."
SECTION 2. That the first sentence of Article III(c) of Exhibit 1
be amended to hereafter read as follows:
"With respect to any new improvements or facilities, which
are hereby defined as those being completed after January 1,
1974, Company shall pay to City five percent (5%) rather
than the percentages of the amount of ad valorem taxes
as calculated in paragraph (b) above for each year of use,
i.e., 10% the second year in use, 15% the third year in
use, etc."
SECTION 3. That the sentence comprising Article XII of Exhibit 1
be amended to hereafter read as follows:
"If City enters into an agreement with any other landowner,
within the extraterritorial jurisdiction of the City, engaged
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be
in a similar industry, as classified by Major Group according
to the Standard Industrial Classification Manual(1) or enters
into a renewal of any existing industrial district agreement
with an industry of the same classification which contains
in lieu of tax payment terms and provisions more favorable
to such landowner than those in this Agreement, Company and its
assigns shall have the right to either terminate this Agreement,
or amend this Agreement to contain such more favorable in lieu
of tax payment terms and provisions.
(1)Standard Industrial Classification Manual. (Executive Office
of the President - Office of Management and Budget, Statistical
Policy Division, 1972). 659 pp."
SECTION 4. That the first paragraph of Article I of Exhibit
amended to hereafter read as follows:
"City covenants and agrees that during the term of this
Agreement, and subject to the terms and provisions hereof,
said land shall retain its extraterritorial status as an
industrial district and shall continue to retain such
status until and unless the same is changed pursuant to
the terms of this Agreement. Except as herein provided
City further covenants and agrees that said land shall be
immune from annexation.
1
Whenever it may be necessary, in the opinion of the City
Council, to annex land not immune from annexation by an
effective industrial district agreement pursuant to
Ordinance No. 15898, and in order to carry out such annexa-
tion it is necessary, in the opinion of the City Council,
to annex a strip or corridor of land contained within Exhibit
'A', Company shall designate, within sixty (60) days after
the City sends Company written request to provide such strip
or corridor, a strip or corridor (hereinafter called "annexation
-2-
corridor`) in a width and length legally sufficient to
accomplish a contractual annexation of the annexation corridor
pursuant to Article I, Section 2 of the City Charter of
Corpus Christi and to enable the City to annex the afore-
mentioned land not immune from annexation. Said annexation
corridor shall thereafter be included within the corporate
boundaries of the City of Corpus Christi, and shall become
a part thereof, subject to the terms of Article I, Section 2
of the City Charter or Corpus Christi, as amended. In the
event that Company fails or refuses to make such designation
legally sufficient to accomplish such purpose, the City may,
at its option, either (1) terminate this industrial district
agreement and any guarantee of immunity from annexation shall
thereafter be void, or (2) seek a mandatory injunction from any
court of competent jurisdiction to compel Company to make such
designation and perform such other acts as may be necessary,
for the City to annex said annexation corridor pursuant to this
agreement and to Article I, Section 2 of the City Charter, or
both."
SECTION 5. That the first sentence of Article VI(c) of Exhibit 1
be amended to hereafter read as follows:
"In the event City breaches this Agreement by annexing or
attempting to pass an ordinance annexing any of the said
land, except as provided in Article I of this Agreement,
Company shall be entitled to enjoin City from the date of
its breach for the balance of the'term of this Agreement,
from enforcing any annexation ordinance adopted in violation
of this Agreement and from taking any further action in
violation of this Agreement."
SECTION 6. That Article III(f) of Exhibit 1 be amended to here-
after read as follows:
"(f) Minimum Payments. For any Company which qualifies
as an industry under Ordinance No. 15898 and which has less
than two million dollars ($2,000,000.00) in market value
of improvements on said land subject to this agreement,
such Company, in lieu of the payments in items (a), (b),
-3-
(c), (d) and (e) above, shall pay the lower of:
(i) an amount in lieu of taxes on said land equal
to one hundred percent (100%) of the amount of ad valorem
taxes based on the market value of said land which would
be payable to City if said land were situated within the
city limits, plus an amount equal to one hundred percent
(100%) of the ad valorem taxes on one million dollars
($1,000,000.00) of improvements which would be payable
to City if said improvements were situated within the city
limits, regardless of whether one million dollars ($1,000,000.00)
' of improvements exist on said land, or
(ii) the amount of ad valorem taxes on land, improve-
ments and personal property on said land which would be
payable to City if said land, improvements and personal
property were situated within the city limits of City,
plus an amount in lieu of city sales tax equal to that
which would be remitted to the State Comptroller annually
by Company, and which would later be remitted to City by
the State Comptroller, if said land were situated within
the city limits.",
SECTION 7. That the third "WHEREAS" clause on the first page of
Exhibit 1 be amended to hereafter read as follows:
"WHEREAS, pursuant to said policy and the provisions of
Article 970a, Revised Civil Statutes of Texas, known as the
Municipal Annexation Act, City has enacted Ordinance No.
15898 indicating its willingness, within 90 days after
final passage of said ordinance, to enter into industrial
district agreements with industries located within its
extraterritorial jurisdiction and designating areas
located in its extraterritorial jurisdiction as industrial
districts, herein collectively called 'Districts' and
Ordinance No. 15949 designating land areas as Corpus Christi
Industrial Development Area No. 1 and Corpus Christi
Industrial Development Area No. 2; and".
SECTION 8. That the necessity for amending Ordinance No. 16042
in order to offer an amendment to the Agreement with Southwestern Refining
Company, Inc., at the earliest practicable date creates a public emergency
and an imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the date
of its introduction but that such ordinance or resolutoin shall be read at
three several meetings of the City Council, and the Mayor, having declared that
such emergency and necessity exist, having requested the suspension of the
Charter rule and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the /1 day of March,
1981.
ATTEST:
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APPROV4EO:
�$ DAY OF MARCH, 1981:
J. BRUCE AYCOCK', CITY ATTORNEY
�/i
MAYOR
T E CIT 'OF CORPUS CHRISTI, TEXAS
Corpus Christi, exas
/g. day of , 19 B 1 .
'TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYO
•
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr_ Jack Best
Jack K.'Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
THE CI OF CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy aft)
Leopoldo Luna • J
Betty N. -Turner
Cliff Zarsky •
by the
L)
following vote:
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